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OJT Manual

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ON-THE-JOB TRAINING (<strong>OJT</strong>)<br />

STATE ENERGY SECTOR<br />

PARTNERSHIP GRANT<br />

PROCEDURES AND REQUIREMENTS<br />

MANUAL<br />

STATE OF HAWAI’I<br />

DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS<br />

WORKFORCE DEVELOPMENT DIVISION<br />

<strong>OJT</strong> <strong>Manual</strong> (11/11)<br />

Page 1 of 37 Procedures and Requirements


ON-THE-JOB TRAINING<br />

STATE ENERGY SECTOR PARTNERSHIP GRANT<br />

PROCEDURES AND REQUIREMENTS MANUAL<br />

TABLE OF CONTENTS<br />

Page(s)<br />

I. OVERVIEW ..................................................................................................................... 3<br />

II. DEFINITION .................................................................................................................... 3<br />

III. COSTS ............................................................................................................................... 3<br />

IV. LIMITATION IN DURATION ......................................................................................... 4<br />

V. PROVIDER’S RESPONSIBILITIES ................................................................................ 4<br />

VI. PROVIDER RELOCATION ............................................................................................. 5<br />

VII. REPORTING REQUIREMENTS ..................................................................................... 5<br />

VIII. MONITORING AND EVALUATION ............................................................................. 6<br />

IX. ASSURANCES AND CERTIFICATIONS ...................................................................... 6<br />

X. GENERAL AND SPECIAL CONDITIONS ..................................................................... 7<br />

EXHIBITS<br />

1. Progress Report Form<br />

2. Assurances and Certifications, Workforce Investment Act<br />

3. General Conditions<br />

4. Special Conditions<br />

<strong>OJT</strong> <strong>Manual</strong> (11/11)<br />

Page 2 of 37 Procedures and Requirements


I. OVERVIEW<br />

This State Energy Sector Partnership Grant Procedures and Requirements On-the-Job<br />

Training <strong>Manual</strong> (“<strong>OJT</strong> <strong>Manual</strong>”) describes the terms and conditions of the On-The-Job<br />

Training, State Sector Partnership Grant Agreement (“<strong>OJT</strong> Agreement”).<br />

II. DEFINITION<br />

The Workforce Investment Act (“WIA”), section 101(31), defines the term “on-the-job<br />

training” to mean training by an employer that is provided to a paid participant while<br />

engaged in productive work in a job that:<br />

a) provides knowledge or skills essential to the full and adequate performance of the<br />

job;<br />

b) provides reimbursement to the employer of up to 90% of the base hourly wage rate of<br />

the participant, for the extraordinary costs of providing the training and additional<br />

supervision related to the training; and<br />

c) is limited in duration as appropriate to the occupation for which the participant is<br />

being trained, taking into account the content of the training, the prior work<br />

experience of the participant, and the service strategy of the participant, as<br />

appropriate.<br />

III. COSTS<br />

The STATE will reimburse the PROVIDER a percentage of the participant’s base hourly<br />

wage rate as set forth below:<br />

1. 50 Percent: If the PROVIDER has 251 or more employees, the STATE shall pay<br />

PROVIDER, an amount not to exceed 50 percent of the base hourly wage rate the<br />

PROVIDER pays the participant.<br />

2. 75 Percent: If the PROVIDER has 51 to 250 employees, the STATE shall pay<br />

PROVIDER, an amount not to exceed 75 percent of the base hourly wage rate the<br />

PROVIDER pays the participant.<br />

3. 90 Percent: If the PROVIDER has 50 or fewer employees, the STATE shall pay<br />

PROVIDER, an amount not to exceed 90 percent of the base hourly wage rate the<br />

PROVIDER pays the participant.<br />

However, the base hourly wage rate on which the reimbursement is based cannot exceed<br />

the state’s average hourly wage rate of $20.56. If the participant’s base hourly wage rate<br />

exceeds the state’s average hourly wage rate, then the <strong>OJT</strong> reimbursement percentage<br />

must be applied against the state’s average hourly wage rate. The STATE will not<br />

reimburse the PROVIDER for the participant’s vacation, holiday, overtime, sick leave,<br />

and/or other benefits.<br />

The participant should not be paid more simply because the state’s average hourly wage<br />

rate makes available a higher reimbursement threshold. The participant’s hourly wage<br />

<strong>OJT</strong> <strong>Manual</strong> (11/11)<br />

Page 3 of 37 Procedures and Requirements


ate shall be in accordance with all applicable laws, but in no event less than the<br />

minimum hourly wage rate specified in Section 6(a)(1) of the Fair Labor Standards Act<br />

of 1938, as amended, or the state minimum wage law, whichever is higher.<br />

IV. LIMITATION IN DURATION<br />

WDD will determine the duration of the <strong>OJT</strong> training taking into consideration the<br />

occupation for which the participant is being trained, the content of the training, the prior<br />

work experience of the participant, and the employment and training plan of the<br />

participant, but the period shall not exceed six (6) months. Participants may not be<br />

co-enrolled in other employment and training programs for the purpose of extending the<br />

<strong>OJT</strong> training beyond six (6) months. PROVIDERS who require less time to train<br />

participants are encouraged to transition participants to permanent employment as soon<br />

as possible.<br />

V. PROVIDER’S RESPONSIBILITIES<br />

A. The PROVIDER shall prepare and submit to the Department of Labor and<br />

Industrial Relations an <strong>OJT</strong> Plan, using the form in Attachment 1 of the <strong>OJT</strong><br />

Agreement, that describes how it will provide the participant the technical skills<br />

and knowledge required to perform a job or group of jobs as set forth in this<br />

Agreement.<br />

B. The PROVIDER agrees that it will adhere to wage and labor standards and will<br />

pay the participant at the same rates, including increases and benefits, as trainees<br />

or employees who are employed by the PROVIDER in similar jobs and who have<br />

similar training, experience, and skills.<br />

C. The PROVIDER assures that the participant will not displace currently employed<br />

workers and/or reduce the hours of those employed below their normal schedule.<br />

D. The PROVIDER assures that the participant will not be hired into and/or remain<br />

working in a position or substantially similar position within the same<br />

organizational unit from which any of the PROVIDER’s former employees has<br />

been laid off or bumped and has recall rights to that position. The PROVIDER<br />

also assures that the <strong>OJT</strong> position is not created in a promotional line that<br />

infringes on opportunities of current employees.<br />

E. The PROVIDER assures that the position will not impair existing service<br />

agreements or collective bargaining agreements, and that either it has the<br />

concurrence of the appropriate labor organization as to the design of the <strong>OJT</strong><br />

position, or the <strong>OJT</strong> position is not covered by a collective bargaining agreement<br />

with a labor organization.<br />

<strong>OJT</strong> <strong>Manual</strong> (11/11)<br />

Page 4 of 37 Procedures and Requirements


F. The PROVIDER shall provide workers’ compensation insurance, unemployment<br />

insurance, temporary disability insurance, and any other benefits required by law<br />

for the participant.<br />

G. The PROVIDER shall comply with applicable federal, state and local regulations,<br />

laws, and directives. Conditions of employment and training will be in full<br />

accordance with all applicable federal, state, and local laws and ordinances<br />

(including but not limited to anti-discrimination, labor and employment laws,<br />

environmental laws, or health and safety laws).<br />

H. Job placement is a goal for all <strong>OJT</strong> participants. To the extent possible, the<br />

PROVIDER agrees to retain the <strong>OJT</strong> participant in unsubsidized employment as a<br />

regular employee of the PROVIDER upon satisfactory completion of the <strong>OJT</strong><br />

training period.<br />

I. The PROVIDER assures that they have not been debarred or suspended in regard<br />

to federal funding.<br />

J. The PROVIDER assures that <strong>OJT</strong> funds will not be used to assist, promote or<br />

deter union organizing.<br />

K. The PROVIDER assures that no member of the participant’s immediate family is<br />

engaged in an administrative capacity for the PROVIDER, or will directly<br />

supervise the participant. For the purpose of the <strong>OJT</strong> Agreement, immediate<br />

family is defined as spouse, children, parents, grandparents, grandchildren,<br />

brothers, sisters, or a person bearing the same relationship to the participant’s<br />

spouse.<br />

L. The PROVIDER assures that the participant will not be employed to carry out the<br />

construction, operation, or maintenance of any part of a facility that is used or to<br />

be used for sectarian instruction or as a place for religious worship.<br />

VI. PROVIDER RELOCATION<br />

No participant shall be employed in a job with a company that has relocated all or part of<br />

their business within the previous 120 days where the relocation action has resulted in the<br />

loss of employment of any employee at the original location.<br />

VII. REPORTING REQUIREMENTS<br />

In order that the STATE may monitor the PROVIDER’s compliance with the <strong>OJT</strong><br />

Agreement, the PROVIDER shall submit an <strong>OJT</strong> Progress Report using the attached <strong>OJT</strong><br />

Progress Report Form (Exhibit 1), a monthly status report describing the work<br />

performance and skills gained by the participant, and any additional reports that the<br />

STATE may request.<br />

<strong>OJT</strong> <strong>Manual</strong> (11/11)<br />

Page 5 of 37 Procedures and Requirements


VIII. MONITORING AND EVALUATION<br />

The PROVIDER shall implement sufficient procedures for monitoring and evaluating the<br />

participant to ensure the <strong>OJT</strong> services as described in the PROVIDER’s <strong>OJT</strong> Plan are<br />

being provided in a manner satisfactory to the STATE. The PROVIDER shall meet with<br />

the STATE at times mutually agreed upon to review and discuss the progress of the<br />

participant.<br />

IX. ASSURANCES AND CERTIFICATIONS<br />

By signing the <strong>OJT</strong> Agreement, the PROVIDER is assuring and certifying that it will<br />

fully comply with the attached Assurances and Certifications, Workforce Investment Act<br />

(Exhibit 2).<br />

X. GENERAL AND SPECIAL CONDITIONS<br />

By signing the <strong>OJT</strong> Agreement, the PROVIDER is agreeing that it will fully comply with<br />

the attached General Conditions for Health and Human Services Contracts and Special<br />

Conditions (Exhibits 3 and 4, respectively).<br />

<strong>OJT</strong> <strong>Manual</strong> (11/11)<br />

Page 6 of 37 Procedures and Requirements

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